Commitment Towards Young Lawyers and Law Student Advancement

Thursday 13 April 2017

PROFESSIONAL ETHICS: THE WITHDRAWAL AND CHANGE OF A COUNSEL




The Rules of Professional Conduct that governs our Legal Profession makes provisions on both the withdrawal and Change of a Counsel.

THE WITHDRAWAL
A Counsel while representing a client or under an employment can decide to withdraw during the period of the employment or representation.

However, before we proceed, counsel must note that during the period of his employment he owes the client the duty to;
1)      In respect of a court case to be personally present or be properly represented throughout the proceeding in the court. RULE 14(4)RPC
2)      Not to neglect the legal matter entrusted to him. RULE 16(1)(c) RPC

The Grounds of Withdrawal
According to RULE 21 OF RULES OF PROFESSIONAL CONDUCT;
            ‘’A Lawyer shall not abandon or withdraw from an employment once assumed, except for GOOD CAUSE.

POSER: What will amount to Good Cause?

According to RULE 21(2)(a-d) gives us what will amount to good cause
a)      Conflict of Interest between the Lawyer and the Client
b)      Where the Client insist on an unjust or immoral course in the conduct of the case
c)      If the client persist against the lawyer’s advice and insist in pressing frivolous defenses
d)      If the client deliberately disregards an agreement or obligation as to payment of fees or expenses.

FURTHERMORE, Reading through the RPC, some circumstances of withdrawal pops up;
1.      If after Undertaking employment in contemplated or pending litigation, a lawyer learns or it is obvious that the counsel or a lawyer in his firm ought to be called as a witness on behalf of his client. SEE RULE 20(4) RPC

2.      If after undertaking employment in a contemplated or pending litigation, he learns or it is obvious that he or a lawyer in his firm may be called as witness other than on behalf of his client and the testimony is or may be prejudicial to the client. RULE 20(5) RPC

POSER: After a Justified Withdrawal, what should the counsel do next?
1)      He should give reasonable notice to the client allowing him time to employ another lawyer. RULE 21(3) RPC

2)      If the client has paid his fees, he shall refund such part of the fee as has not been clearly earned. RULE 21(4)RPC


THE CHANGE
A client has the power to hire and fire his counsel. The power is guided by the RPC.
According to RULE 18(1)RPC;
            ‘’A Client shall be free to choose his lawyer and to dispose with his services as he deems fit’’

HOWEVER, the rule further states that this does not absolve the client from fulfilling any agreed or implied obligations to the lawyer including the payment of fees.

POSER: After the Client has changed his lawyer, what is the duty of the New Lawyer?
The New Lawyer according to RULE 29(1) RPC he shall;
1)      Promptly give notice to the former lawyer and
2)      Use his best endeavor to ensure that the former lawyer is paid earned fees

POSER: What about the Old Lawyer does he owe any duty?
Yes,
According to RULE 29(2)RPC both the old Lawyer and the New lawyer shall give notice of the change to the court.

POSER: Assuming Mr. Musa decides to change his lawyer; Fola esq, what are the things Fola ought to give Mr Musa?
According to RULE 29(3(a)) RPC a client is entitled to;
a)      All letters written by lawyer to other persons at the direction of the client
b)      Copies of letters written by the lawyer to other persons at the direction of the client
c)      Drafts and copies made in the course of the business
d)      Documents prepared from such drafts.

POSER: Will Fola be entitled to anything from Mr. Musa
YES, According to Rule 29(3)(b) a lawyer is entitled to;
1)      All letters written by the client to the lawyer
2)      Copies of letters addressed by the lawyer to the client
3)      A lien on the papers or documents of his client in respect of unpaid fees.
THE END

HOWEVER, NOTE THAT WITHDRAWAL IS DIFFERENT FROM CAB-RANK RULE; IN WITHDRAWAL IT DURING THE PENDENCY OF THE EMPLOYMENT WHILE THE OTHER THE COUNSEL IS YET TO ACCEPT THE BRIEF.
NEXT TIME ON PROFESSIONAL ETHICS: CAB-RANK RULE……
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PRAY HARD………READ AND SHARE!!!!!

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